The losing party in the first IPR decision on the merits is seeking Supreme Court review of the claim construction standard used in all subsequent decisions.

Cuozzo’s petition for certiorari challenges the practice of giving claims the “broadest reasonable interpretation” in IPRs instead of the standard applied in federal court under Phillips. Cuozzo narrowly missed obtaining a rehearing en banc on the same grounds in a 6-5 decision dividing the Federal Circuit, which could signal to the Supreme Court that this is an important issue to take up.

The high-stakes drama surrounding Kyle Bass and his hedge funds continued last week, as the funds fought back against accusations that they are abusing the IPR process. As we wrote previously, the PTAB authorized a patent owner to file a request for additional discovery, seeking evidence that IPR petitions were filed by the funds in order to seek profits rather than as part of a proper use of the IPR process. The patent owner accuses the funds of short-selling stock and then using IPRs to drop the stock price by calling into doubt patents that protect the patent owner’s business.

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This blog is intended to promote thought and debate on developing areas of the law. The opinions, commentary and characterizations of cases provided on this blog are not legal advice and do not represent the opinions of Wolf Greenfield or its clients.